22846 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

at (202) 693–2350, (TTY (877) 889– 

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, 

directed the preparation of this notice. 

The authority for this notice is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506 et seq.) and Secretary of 

Labor’s Order No. 5–2007 (72 FR 

31160). 

Signed at Washington, DC, on April 26, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–10036 Filed 4–29–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–72,524] 

Norgren Automation Solutions, 

Including Workers Whose 

Unemployment Insurance (UI) Wages 

Are Paid Through Syron Engineering 

Erie Engineering and Automation 

Division, A Subsidiary of Norgren, Inc.: 

Clinton Township, MI; Amended 

Certification Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on January 29, 2010, 

applicable to workers of Norgren 

Automation Solutions, Erie Engineering 

and Automation Division, a subsidiary 

of Norgren, Inc., Clinton Township, 

Michigan. The notice was published in 

the Federal Register on March 5, 2010 

(75 FR 10320). 

At the request of the state, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers produced automation design 

and build components. 

New information shows that in April 

2009 Norgren Automation Solutions 

purchased Syron Engineering. Some 

workers separated from employment at 

the subject firm had their wages 

reported under a separated 

unemployment insurance (UI) tax 

account under the name Syron 

Engineering. 

Accordingly, the Department is 

amending this certification to property 

reflect this matter. 

The intent of the Department’s 

certification is to include all workers of 

the subject firm who were adversely 

affected by an increase in imports of 

automation design and build 

components. 

The amended notice applicable to 

TA–W–72,524 is hereby issued as 

follows: 

All workers of Norgren Automation 

Solutions, including workers whose 

unemployment insurance (UI) wages are paid 

through Syron Engineering, Erie Engineering 

and Automation Division, a subsidiary of 

Norgren, Inc., Clinton Township, Michigan, 

who became totally or partially separated 

from who became totally or partially 

separated from employment on or after 

October 1, 2008, through January 29, 2012, 

and all workers in the group threatened with 

total or partial separation from employment 

on date of certification through two years 

from the date of certification, are eligible to 

apply for adjustment assistance under 

Chapter 2 of Title II of the Trade Act of 1974, 

as amended. 

Signed at Washington, DC this 21st day of 

April 2010. 

Elliott S. Kushner 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–9923 Filed 4–29–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice of petition for 

modification of existing mandatory 

safety standard. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of a petition for modification 

filed by the party listed below to modify 

the application of existing mandatory 

safety standard published in Title 30 of 

the Code of Federal Regulations. 

DATES: All comments on the petition 

must be received by the Office of 

Standards, Regulations and Variances 

on or before June 1, 2010. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: StandardsPetitions@dol.gov. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Patricia W. Silvey, Director, 

Office of Standards, Regulations and 

Variances. 

4. Hand-Delivery or Courier: MSHA, 

Office of Standards, Regulations and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939, Attention: Patricia W. Silvey, 

Director, Office of Standards, 

Regulations and Variances. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 

Individuals who submit comments by 

hand-delivery are required to check in 

at the receptionist desk on the 21st 

floor. 

Individuals may inspect a copy of the 

petition and comments during normal 

business hours at the address listed 

above. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations and Variances at 202–693– 

9447 (Voice), barron.barbara@dol.gov 

(E-mail), or 202–693–9441 (Telefax). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary determines 

that: (1) An alternative method of 

achieving the result of such standard 

exists which will at all times guarantee 

no less than the same measure of 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22847 

protection afforded the miners of such 

mine by such standard; or (2) that the 

application of such standard to such 

mine will result in a diminution of 

safety to the miners in such mine. In 

addition, the regulations at 30 CFR 

44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modification. 

II. Petition for Modification 

Docket No: M–2010–017–C. 

Petitioner: Brooks Run Mining 

Company, LLC, 208 Business Street, 

Beckley, West Virginia 25801. 

Mine: Horse Creek No. 1 Mine, MSHA 

I.D. No. 46–09348, located in McDowell 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

Modification Request: The petitioner 

proposes as an alternative method that 

in lieu of providing nozzles for blow-off 

dust covers, weekly inspection and 

functional testing of the complete 

deluge-type water spray system will be 

continued and blow-off dust covers will 

be removed from the nozzles. The 

petitioner states that: (1) Weekly 

inspection and functional tests are 

conducted of its complete deluge-type 

water spray system; (2) each nozzle is 

provided with a blow-off dust cover; (3) 

in view of the frequent inspections and 

functional testing of the system, the dust 

covers are not necessary because the 

nozzles can be maintained in an 

unclogged condition through weekly 

use; and (4) it is burdensome to recap 

the large number of covers weekly after 

each inspection and functional test. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded the miners as the 

existing standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. 2010–10109 Filed 4–29–10; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Prohibited Transaction Exemptions 

and Grant of Individual Exemptions 

Involving: 2010–13, Putnam Fiduciary 

Trust Company, D–11425; 2010–14, 

UBS Financial Services Inc. and its 

Affiliates (UBS), D–11502; and 2010– 

15, Subaru of America, Inc. (Subaru), 

D–11531 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of Individual Exemptions. 

SUMMARY: This document contains 

exemptions issued by the Department of 

Labor (the Department) from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA or the Act) 

and/or the Internal Revenue Code of 

1986 (the Code). 

A notice was published in the Federal 

Register of the pendency before the 

Department of a proposal to grant such 

exemption. The notice set forth a 

summary of facts and representations 

contained in the application for 

exemption and referred interested 

persons to the application for a 

complete statement of the facts and 

representations. The application has 

been available for public inspection at 

the Department in Washington, DC. The 

notice also invited interested persons to 

submit comments on the requested 

exemption to the Department. In 

addition the notice stated that any 

interested person might submit a 

written request that a public hearing be 

held (where appropriate). The applicant 

has represented that it has complied 

with the requirements of the notification 

to interested persons. No requests for a 

hearing were received by the 

Department. Public comments were 

received by the Department as described 

in the granted exemption. 

The notice of proposed exemption 

was issued and the exemption is being 

granted solely by the Department 

because, effective December 31, 1978, 

section 102 of Reorganization Plan No. 

4 of 1978, 5 U.S.C. App. 1 (1996), 

transferred the authority of the Secretary 

of the Treasury to issue exemptions of 

the type proposed to the Secretary of 

Labor. 

Statutory Findings 

In accordance with section 408(a) of 

the Act and/or section 4975(c)(2) of the 

Code and the procedures set forth in 29 

CFR Part 2570, Subpart B (55 FR 32836, 

32847, August 10, 1990) and based upon 

the entire record, the Department makes 

the following findings: 

(a) The exemption is administratively 

feasible; 

(b) The exemption is in the interests 

of the plan and its participants and 

beneficiaries; and 

(c) The exemption is protective of the 

rights of the participants and 

beneficiaries of the plan. 

Putnam Fiduciary Trust Company 

(PFTC), Located in Boston, 

Massachusetts. 

[Prohibited Transaction Exemption 

2010–13; Exemption Application No. 

D–11425.] 

Exemption 

Section I—Exemption 

Effective as of January 19, 2010, the 

restrictions of section 406(a) and (b) of 

the Act, and the taxes imposed by 

section 4975(a) and (b) of the Code, by 

reason of section 4975(c)(1)(A) through 

(F) of the Code, shall not apply to either 

(a) the purchase or sale by a Collective 

Fund (as defined in Section III(b) below) 

of shares of a Mutual Fund (as defined 

in Section III(d) below) where Putnam 

Fiduciary Trust Company (‘‘PFTC’’ or 

the ‘‘Applicant’’) or its affiliate (PFTC 

and its affiliates are referred to herein as 

‘‘Putnam’’) is the investment advisor of 

the Mutual Fund as well as a fiduciary 

with respect to the Collective Fund (or 

an affiliate of such fiduciary) or (b) the 

receipt of fees by Putnam from a Mutual 

Fund for acting as an investment 

advisor for the Mutual Fund and/or for 

providing other services to the Mutual 

Fund which are Secondary Services (as 

defined in Section III(g) below) in 

connection with the investment by the 

Collective Fund in shares of the Mutual 

Fund, provided that the following 

conditions and the general conditions of 

Section II are met: 

(a) Each Collective Fund satisfies 

either (but not both) of the following: 

(1) The Collective Fund receives a 

cash credit equal to such Collective 

Fund’s proportionate share of all fees 

charged to the Mutual Fund by Putnam 

for investment advisory services. Such 

credit shall be paid to the Collective 

Fund no later than the same day on 

which such investment advisory fees are 

paid to Putnam. The crediting of all 

such fees to the Collective Funds by 

Putnam is audited by an independent 

accounting firm on at least an annual 

basis to verify the proper crediting of 

the fees to each Collective Fund. The 

audit report shall be completed not later 

than six months after the period to 

which it relates; or 

(2) No management fees, investment 

advisory fees, or similar fees are paid to 

Putnam with respect to any of the assets 

of such Collective Fund that are 

invested in shares of the Mutual Fund. 

This condition does not preclude the 

payment of investment advisory or 

similar fees by the Mutual Fund to 

Putnam under the terms of an 

investment management agreement 

adopted in accordance with section 15 

of the Investment Company Act of 1940 

(the 1940 Act), nor does it preclude the 

payment of fees for Secondary Services 

to Putnam pursuant to a duly adopted 

agreement between Putnam and the 

Mutual Fund if the conditions of this 

exemption are otherwise met. 


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